Florida Senate - 2011 CS for SB 2088
By the Committees on Rules Subcommittee on Ethics and Elections;
and Rules; and Senator Gaetz
582-03737-11 20112088c1
1 A bill to be entitled
2 An act relating to ethics; amending s. 112.312, F.S.;
3 redefining the term “gift” to exclude contributions or
4 expenditures reported under federal election law;
5 amending s. 112.3143, F.S.; providing for an exception
6 to a provision authorizing a state public officer to
7 vote in an official capacity on any matter, to conform
8 to changes made by the act; creating s. 112.31435,
9 F.S.; defining the term “relative”; prohibiting a
10 member of the Legislature from voting upon any
11 legislation inuring to his or her special private gain
12 or loss; prohibiting a member of the Legislature from
13 voting upon any legislation that the member knows
14 would inure to the special private gain or loss of a
15 principal by whom the member is retained or the
16 corporate parent or subsidiary of a corporate
17 principal by which the member is retained; prohibiting
18 a member of the Legislature from voting on legislation
19 that the member knows would inure to the special
20 private gain or loss of a relative, a business
21 associate, an employer, or a board upon which the
22 member sits; requiring that a member disclose all such
23 interests to the applicable legislative body or
24 committee before the legislation is considered;
25 requiring that the member disclose the specific nature
26 of any such interests within a specified period after
27 the date on which a vote on the legislation occurs;
28 requiring that such disclosure be made by written
29 memorandum and filed with the Secretary of the Senate
30 or the Clerk of the House of Representatives;
31 requiring that the memorandum be recorded in the
32 journal of the house of which the legislator is a
33 member; providing that the act does not prevent a
34 member from voting on legislation that inures to the
35 special private gain or loss of the member’s employer,
36 principal, or board upon which the member sits, if
37 such entity is an agency; providing that the act does
38 not require disclosure if a member’s vote will inure
39 to the special private gain or loss of a member’s
40 employer, principal, or board upon which the member
41 sits, if such entity is an agency; providing that the
42 act does not prevent the member from voting on a
43 General Appropriations Act or implementing
44 legislation; amending s. 112.3144, F.S.; requiring the
45 Commission on Ethics to review certain filings of full
46 and public disclosure of financial interests made by
47 certain public officers, including supporting
48 documentation; requiring the commission to provide
49 notice of the sufficiency of the financial disclosure;
50 requiring that an amended or corrected disclosure be
51 filed if the filing is insufficient; providing that
52 the amended or corrected disclosure is not subject to
53 sufficiency review; providing for a fine if the
54 amended or corrected disclosure is not filed by a
55 certain date; relieving an officer of liability for
56 fines and penalties if a complete and sufficient full
57 and public disclosure of financial interests is filed
58 by September 1; specifying that any full and public
59 financial disclosure that is not timely received is
60 not entitled to review; permitting the commission to
61 delegate to the commission’s staff the
62 responsibilities to review and provide notices
63 relating to the disclosure filings; amending s.
64 112.3145, F.S.; redefining the term “local officer”
65 for the purposes of disclosing financial interests to
66 include members of a community redevelopment agency
67 board and any finance director of a county,
68 municipality, or other political subdivision; amending
69 s. 838.014, F.S.; deleting the definition of the term
70 “corruptly” or “with corrupt intent” to conform
71 provisions to changes made by the act; amending s.
72 838.015, F.S.; redefining the term “bribery” as it
73 relates to the requisite mental state for the offense
74 of bribery; amending ss. 838.016 and 838.022, F.S.;
75 revising provisions relating to the requisite mental
76 state for the offenses of unlawful compensation and
77 reward for official behavior and official misconduct,
78 to conform to changes made by the act; providing an
79 effective date.
80
81 Be It Enacted by the Legislature of the State of Florida:
82
83 Section 1. Paragraph (b) of subsection (12) of section
84 112.312, Florida Statutes, is amended to read:
85 112.312 Definitions.—As used in this part and for purposes
86 of the provisions of s. 8, Art. II of the State Constitution,
87 unless the context otherwise requires:
88 (12)
89 (b) “Gift” does not include:
90 1. Salary, benefits, services, fees, commissions, gifts, or
91 expenses associated primarily with the donee’s employment,
92 business, or service as an officer or director of a corporation
93 or organization.
94 2. Contributions or expenditures reported pursuant to
95 chapter 106 or federal election law, campaign-related personal
96 services provided without compensation by individuals
97 volunteering their time, or any other contribution or
98 expenditure by a political party.
99 3. An honorarium or an expense related to an honorarium
100 event paid to a person or the person’s spouse.
101 4. An award, plaque, certificate, or similar personalized
102 item given in recognition of the donee’s public, civic,
103 charitable, or professional service.
104 5. An honorary membership in a service or fraternal
105 organization presented merely as a courtesy by such
106 organization.
107 6. The use of a public facility or public property, made
108 available by a governmental agency, for a public purpose.
109 7. Transportation provided to a public officer or employee
110 by an agency in relation to officially approved governmental
111 business.
112 8. Gifts provided directly or indirectly by a state,
113 regional, or national organization which promotes the exchange
114 of ideas between, or the professional development of,
115 governmental officials or employees, and whose membership is
116 primarily composed of elected or appointed public officials or
117 staff, to members of that organization or officials or staff of
118 a governmental agency that is a member of that organization.
119 Section 2. Subsection (2) of section 112.3143, Florida
120 Statutes, is amended to read:
121 112.3143 Voting conflicts.—
122 (2) Except as provided in s. 112.31435, no state public
123 officer is prohibited from voting in an official capacity on any
124 matter. However, any state public officer voting in an official
125 capacity upon any measure that which would inure to the
126 officer’s special private gain or loss; that which he or she
127 knows would inure to the special private gain or loss of any
128 principal by whom the officer is retained or to the parent
129 organization or subsidiary of a corporate principal by which the
130 officer is retained; or that which the officer knows would inure
131 to the special private gain or loss of a relative or business
132 associate of the public officer shall, within 15 days after the
133 vote occurs, disclose the nature of his or her interest as a
134 public record in a memorandum filed with the person responsible
135 for recording the minutes of the meeting, who shall incorporate
136 the memorandum in the minutes.
137 Section 3. Section 112.31435, Florida Statutes, is created
138 to read:
139 112.31435 Voting conflicts; state legislators.—
140 (1) As used in this section, the term “relative” means any
141 father, mother, son, daughter, husband, wife, brother, sister,
142 father-in-law, mother-in-law, son-in-law, or daughter-in-law.
143 (2)(a) A member of the Legislature may not vote upon any
144 legislation that would inure to his or her special private gain
145 or loss; that he or she knows would inure to the special private
146 gain or loss of any principal by whom the member is retained or
147 to the parent organization or subsidiary of a corporate
148 principal by which the member is retained; or that the member
149 knows would inure to the special private gain or loss of a
150 relative, a business associate, an employer, or a board upon
151 which the member sits. The member must, before a vote is taken
152 on the legislation by the legislative body of which he or she is
153 a member or any committee on which the member sits, publicly
154 state to the body or committee all of his or her interests and
155 all known interests of a relative, business associate, employer,
156 any principal by whom the member is retained, the parent
157 organization or subsidiary of a corporate principal by which the
158 member is retained, or a board upon which the member sits.
159 Within 15 days after the date on which the vote on the
160 legislation occurred, the member must disclose the specific
161 nature of those interests as a public record in a memorandum
162 filed with the Secretary of the Senate, if the member is a
163 Senator, or filed with the Clerk of the House of
164 Representatives, if the member is a Representative. The
165 memorandum shall be spread upon the pages of the journal of the
166 house of which the legislator is a member.
167 (b) A member of the Legislature is not prohibited from
168 voting on, and is not required to make any disclosure
169 concerning, any legislation that would inure to the special
170 private gain or loss of the member’s employer, principal, or a
171 board upon which the member sits, if the entity is an agency as
172 defined in s. 112.312(2).
173 (3) This section does not prevent a member of the
174 Legislature from voting on a General Appropriations Act or
175 implementing legislation on the floor of the Senate or House of
176 Representatives.
177 Section 4. Subsection (1) of section 112.3144, Florida
178 Statutes, is amended to read:
179 112.3144 Full and public disclosure of financial
180 interests.—
181 (1)(a) An officer who is required by s. 8, Art. II of the
182 State Constitution to file a full and public disclosure of his
183 or her financial interests for any calendar or fiscal year shall
184 file that disclosure with the Florida Commission on Ethics.
185 (b) The commission shall review the information contained
186 in each full and public disclosure of financial interests of,
187 and any supporting or supplemental documentation filed
188 concurrently by, an elected constitutional officer to determine
189 whether the officer’s disclosure is sufficient; provided that
190 the commission receives the filing by July 1.
191 (c)1. If the commission determines that the officer’s
192 disclosure is insufficient, the commission must send a notice by
193 certified mail to the officer no later than 30 days after July
194 1. The notice must identify the specific insufficiency and state
195 with particularity the basis for the determination.
196 2. Upon receipt of the notice of insufficiency, the officer
197 must file an amended or corrected disclosure no later than
198 September 1 of that year, which is not subject to sufficiency
199 review. If the officer fails to file the amended or corrected
200 disclosure by September 1, the automatic fine provided for in
201 this section will begin to accrue. Any such officer accruing an
202 automatic fine may appeal it as provided in subsection (5).
203 3. A complaint may not be filed alleging a violation of
204 this section for any insufficiency identified pursuant to
205 subparagraph 1. unless such insufficiency remains uncorrected
206 after September 1.
207 (d) If the commission finds the disclosure legally
208 sufficient, the commission must send a notice of sufficiency by
209 certified mail to the officer no later than 30 days after July
210 1. To the extent that the disclosure of financial interests and
211 the accompanying documentation filed with the commission fully
212 identify all information that is required to be disclosed, an
213 officer whose disclosure is sufficient is not liable for any
214 fines or penalties for a violation of this section.
215 (e) If an officer’s full and public disclosure of financial
216 interests is not received by 5 p.m. on July 1, the officer is
217 not entitled to a sufficiency review.
218 (f) The commission may delegate to its staff the authority
219 to conduct the review required in this subsection.
220 Section 5. Paragraph (a) of subsection (1) of section
221 112.3145, Florida Statutes, is amended to read:
222 112.3145 Disclosure of financial interests and clients
223 represented before agencies.—
224 (1) For purposes of this section, unless the context
225 otherwise requires, the term:
226 (a) “Local officer” means:
227 1. Every person who is elected to office in any political
228 subdivision of the state, and every person who is appointed to
229 fill a vacancy for an unexpired term in such an elective office.
230 2. Any appointed member of any of the following boards,
231 councils, commissions, authorities, or other bodies of any
232 county, municipality, school district, independent special
233 district, or other political subdivision of the state:
234 a. The governing body of the political subdivision, if
235 appointed;
236 b. An expressway authority or transportation authority
237 established by general law;
238 c. A community college or junior college district board of
239 trustees;
240 d. A board having the power to enforce local code
241 provisions;
242 e. A planning or zoning board, board of adjustment, board
243 of appeals, community redevelopment agency board, or other board
244 having the power to recommend, create, or modify land planning
245 or zoning within the political subdivision, except for citizen
246 advisory committees, technical coordinating committees, and such
247 other groups who only have the power to make recommendations to
248 planning or zoning boards;
249 f. A pension board or retirement board having the power to
250 invest pension or retirement funds or the power to make a
251 binding determination of one’s entitlement to or amount of a
252 pension or other retirement benefit; or
253 g. Any other appointed member of a local government board
254 who is required to file a statement of financial interests by
255 the appointing authority or the enabling legislation, ordinance,
256 or resolution creating the board.
257 3. Any person holding one or more of the following
258 positions: mayor; county or city manager; chief administrative
259 employee of a county, municipality, or other political
260 subdivision; county or municipal attorney; finance director of a
261 county, municipality, or other political subdivision; chief
262 county or municipal building code inspector; county or municipal
263 water resources coordinator; county or municipal pollution
264 control director; county or municipal environmental control
265 director; county or municipal administrator, with power to grant
266 or deny a land development permit; chief of police; fire chief;
267 municipal clerk; district school superintendent; community
268 college president; district medical examiner; or purchasing
269 agent having the authority to make any purchase exceeding the
270 threshold amount provided for in s. 287.017 for CATEGORY ONE, on
271 behalf of any political subdivision of the state or any entity
272 thereof.
273 Section 6. Subsection (4) of section 838.014, Florida
274 Statutes, is amended, and present subsections (5) through (7) of
275 that section are renumbered as subsections (4) through (6),
276 respectively, to read:
277 838.014 Definitions.—As used in this chapter, the term:
278 (4) “Corruptly” or “with corrupt intent” means acting
279 knowingly and dishonestly for a wrongful purpose.
280 Section 7. Subsection (1) of section 838.015, Florida
281 Statutes, is amended to read:
282 838.015 Bribery.—
283 (1) “Bribery” means knowingly corruptly to give, offer, or
284 promise to any public servant, or, if a public servant,
285 knowingly corruptly to request, solicit, accept, or agree to
286 accept for himself or herself or another, any pecuniary or other
287 benefit not authorized by law with an intent or purpose to
288 influence the performance of any act or omission which the
289 person believes to be, or the public servant represents as
290 being, within the official discretion of a public servant, in
291 violation of a public duty, or in performance of a public duty.
292 Section 8. Subsections (1) and (2) of section 838.016,
293 Florida Statutes, are amended to read:
294 838.016 Unlawful compensation or reward for official
295 behavior.—
296 (1) It is unlawful for any person knowingly corruptly to
297 give, offer, or promise to any public servant, or, if a public
298 servant, knowingly corruptly to request, solicit, accept, or
299 agree to accept, any pecuniary or other benefit not authorized
300 by law, for the past, present, or future performance,
301 nonperformance, or violation of any act or omission which the
302 person believes to have been, or the public servant represents
303 as having been, either within the official discretion of the
304 public servant, in violation of a public duty, or in performance
305 of a public duty. Nothing herein shall be construed to preclude
306 a public servant from accepting rewards for services performed
307 in apprehending any criminal.
308 (2) It is unlawful for any person knowingly corruptly to
309 give, offer, or promise to any public servant, or, if a public
310 servant, knowingly corruptly to request, solicit, accept, or
311 agree to accept, any pecuniary or other benefit not authorized
312 by law for the past, present, or future exertion of any
313 influence upon or with any other public servant regarding any
314 act or omission which the person believes to have been, or which
315 is represented to him or her as having been, either within the
316 official discretion of the other public servant, in violation of
317 a public duty, or in performance of a public duty.
318 Section 9. Subsection (1) of section 838.022, Florida
319 Statutes, is amended to read:
320 838.022 Official misconduct.—
321 (1) It is unlawful for a public servant, to knowingly with
322 corrupt intent to obtain a benefit for any person or to cause
323 harm to another, to:
324 (a) Falsify, or cause another person to falsify, any
325 official record or official document;
326 (b) Conceal, cover up, destroy, mutilate, or alter any
327 official record or official document or cause another person to
328 perform such an act; or
329 (c) Obstruct, delay, or prevent the communication of
330 information relating to the commission of a felony that directly
331 involves or affects the public agency or public entity served by
332 the public servant.
333 Section 10. This act shall take effect July 1, 2011.